Question about Affidavit of Support when filing GC for Spouse

G

gcsponsor9

Registered Users (C)
When we file GC for spouse who is already in the United States, is it possible to not to support them for Financial Part?
I mean on the affidavit of support, what is the option that we can show where they can self support themselves based on their assets, job etc.?
 
The Affidavit of Support is required regardless of whether the immigrant spouse is self-supporting or not, unless the immigrant spouse has worked in the US long enough to accumulate 10 years of Social Security credits which would allow filing I-864W instead of the standard I-864.

However, question 24(b) is where you would list the immigrant spouse's income, and question 28 for their assets (if your combined income is sufficient you don't need to list their assets).

Income from unauthorized employment in the US or non-US employment doesn't count.
 
The petitioner MUST do an Affidavit of Support. If the petitioner's income and assets is not sufficient, it is possible to also consider the immigrant's income, assuming their job will be continuing in the future.
 
What if Immigrant currently has a full time job, sufficient income and tax records with that income from last 5 Years. Everything is there except status is H1B.
What is the way to have immigrant support themselves for financial purposes in this case?
Can I-864W be filed in this case? or any other type of I-864?
 
What is the way to have immigrant support themselves for financial purposes in this case?
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I-864W requires the immigrant spouse to have 10 years of Social Security credits. Has the immigrant spouse worked that long in the US? If not, the USC or LPR spouse must file I-864, with the immigrant's income listed for question 24(b) if using the immigrant's income to meet the income requirement.
 
It sounds like in this case the petitioner is reluctant to pledge to support the immigrant, and is saying that oh, the immigrant makes enough, can't they support themselves.

Well, petitioning someone for immigration requires a big commitment, which includes the financial commitment of supporting the immigrant if needed. If the immigrant has a lot of income and assets, then in all likeliness the petitioner's support will never be needed. But you can't shirk off this responsibility.
 
Well i understand your viewpoint
Immigrant has income much much higher than the U.S. poverty guidelines.

I dont think USCIS would mandate petitioner to support a person who earns similar to petitioner. THere must be a way
Especially, the person is already in United States from long time on another Visa Status making a lot of money and collected a lot of money, even more than petitioner have.
 
gcsponsor9 said:
I dont think USCIS would mandate petitioner to support a person who earns similar to petitioner.
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If the immigrant's income drops below 125% of the poverty line, they would expect the sponsor to provide money to make up the difference.

Unless the immigrant qualifies for I-864W, the sponsor is required to file I-864 and has that liability regardless of how much the immigrant currently makes.

However, the sponsor's obligation ends when the immigrant has accumulated 10 years of Social Security credits or becomes a US citizen.
 
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